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HomeMy Public PortalAboutOrdinance No. 1389-19 04-22-2019CITY OF RICHLAND HILLS ORDINANCE NO. 1389-19 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 86, "UTILITIES", TO ADOPT CROSS- CONNECTION AND BACKFLOW PREVENTION MEASURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, prevention of contamination of the city's potable water supply with any non-potable, used, unclean, polluted and/or contaminated water, or other substances, is of utmost importance to the health of the City of Richland Hills; and WHEREAS, the City Council of the City of Richland Hills, Texas, has determined that the adoption of cross-connection and backflow control prevention measures to prevent contamination of potable water is in the public interest and therefore deems it advisable to enact this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances, City of Richland Hills, is hereby amended by adding a new Division 5, "Cross-Connection Control and Backflow Prevention," to Article V, "Water," of Chapter 86, "Utilities," as follows: "DIVISION 5. -CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION Sec. 86-269. -Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. If a word or term used in this division is not contained in the following list, its definition, or other technical terms used, shall have the meaning or definitions listed in the most recent adopted edition of the International Plumbing Code as amended. Air gap means a physical separation between the free-flowing discharge end of a potable water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device in no case less than one inch. Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or AVB means a device used to prevent back-siphonage. This device cannot be tested but can be field inspected to verify proper operation. This device cannot prevent back-pressure backflow. Auxiliary supply means any water source or system other than the public water system that may be available in the building or on the property, including groundwaters or surface waters used for industrial, irrigation or any other purpose. Backflow means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system. Backflow prevention assembly or assembly means an assembly to counteract back pressure or prevent back-siphonage. Back-pressure means any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow. Back-siphonage means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system. Boresight or boresight to daylight means providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drain pipe. Contaminants mean any foreign material, solid, liquid or gaseous, that is not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption. Contamination means the admission of contaminants into the potable water supply system. Cross-connection means any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it is possible for any non-potable, used, unclean, polluted and/or contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions. Cross-connection control device means any approved or recognized device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent non-potable, used, unclean, polluted and/or contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions. Customer service inspection means an inspection designed to inspect and detect any actual or potential cross-connection hazards and/or exceedance of the lead action level in solder or flux, pipe or pipe fittings. Degree of hazard means the low or high hazard classification that shall be att Double check detector backflow prevention assembly or double check detector or DCDA means an assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow. Double check valve backflow prevention assembly or double check assembly or double check or DC means an assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Fire line tester means a tester who is employed by aState-approved fire line contractor and is qualified to test backflow prevention assemblies on fire lines. General tester means a tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except fire lines. Health hazard means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the customer's potable water system that would be a danger to health. High hazard means the classification assigned to an actual or potential cross- connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply. Low hazard means the classification assigned to an actual or potential cross- connection that potentially could allow a substance that may be objectionable but not hazardous to one's health to backflow into the potable water supply. Pollution hazard means an actual or potential threat to the physical properties of the water system or the potability of the public or the customer's potable water system, but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. System hazard means an actual or potential threat of severe danger to the physical properties of the public or customer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. Manual of Cross-Connection Control means the latest edition as published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (abbreviated as USC FCCCHR). Mobile unit means any operation which may have the potential to introduce contaminants into a potable water system from a mobile source. These include, but are not limited to, carpet cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. Nonresidential use means water used by any person other than a residential customer of the water supply and includes all uses not specifically included in residential use as defined herein. Point-of--use isolation means the appropriate backflow prevention within the customer's water system at the point at which the actual or potential cross-connection exists. Potable water supply means any water supply intended or used for human consumption or other domestic use. Premises isolation means the appropriate backflow prevention at the service connection between the public water system and the water user. Pressure vacuum breaker backflow prevention assembly or pressure vacuum breaker or PVB means an assembly which provides protection against back-siphonage, but does not provide adequate protection against back-pressure backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows the full testing of the assembly. Public water system or system means any public or privately owned water system which supplies water for public domestic use. The system includes all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption. Reduced pressure principle backflow prevention assembly or reduced pressure principle assembly or RP assembly or RP means an assembly containing two independently acting approved check valves together with ahydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve at each end of the assembly. Reduced pressure principle detector backflow prevention assembly or reduced pressure detector or RPDA means an assembly composed of a line-size approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for very low rates of flow. Representative of the water system means a person designated by the City to perform cross-connection control duties that shall include, but are not limited to, cross- connection inspections and water use surveys. Residential use means water used by any residential customer of the water supply and includes single-family dwellings, duplexes, multiplexes, housing and apartments where the individual residential units are each on a separate meter or in cases where two or more units are served by one meter, the residential units are fulltime dwellings. Service connection means the point of delivery where the water purveyor loses control of the water. Spill-resistant pressure vacuum breaker or SPVB means an assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. Tester means a person that is a certified backflow prevention assembly technician approved by and registered with the City and the TCEQ. Thermal expansion means heated water that does not have the space to expand. Used water means water supplied by a public water system to a water user's system after it has passed through the service connection. Water use survey means a survey conducted or caused to be conducted by the City designed to identify possible sources of pollution and/or contamination to the potable water supply. Sec. 86-270. -Penalty. The City is entitled to pursue all criminal and civil remedies available for violations of this division. Sec. 86-271. -Violations. A person commits an offense if: (1) The person fails to maintain backflow prevention assemblies in compliance with this division. (2) The person fails to comply with a repair order issued by the City. (3) Backflow from premises owned, operated or managed by the person enters the public water supply system. (4) The person fails to pay any fees required by this division. (5) The person violates any part of this division. (6) The person reinstates water service to a premises discontinued or disconnected under this division, except as directed by the City. (7) The person allows an unregistered tester to perform testing work at the person's establishment. (8) The person tests a backflow prevention assembly within the City without being registered with the City. (9) The person tests a backflow prevention assembly within the City without being certified by the TCEQ. Sec. 86-272. -Responsibilities. (a) Property owner. It is the responsibility of all property owners and/or persons in charge of any premises to comply with the following: (1) Payment of all costs associated with this division and the purchase, installation, testing and repair of backflow prevention assemblies. (2) To install and maintain all backflow prevention assemblies in accordance with this division and acceptable industry practice. (3) All commercial customers shall cause to have all backflow prevention assemblies on their premises tested annually. Such testing must be conducted by a certified tester who is registered with the City. (4) Maintain all backflow prevention assemblies in proper working order at all times, including repairs as required. (5) Maintain all backflow prevention assemblies in a manner that allows them to be tested by a method that has been approved by the City. (6) All records related to backflow prevention assembly installation, testing, and repair shall be maintained on the premises for a minimum of three years. (b) Certified backflow prevention assembly testers. Certified backflow prevention assembly testers shall comply with the following requirements: (1) Annually register with the City and pay the required fee. (2) Maintain testing equipment in proper working condition/calibration. (3) Maintain the design or operation characteristics of an assembly. (4) Ensure that devices are tested according to accepted industry practice and TCEQ rules and regulations. (5) Enter required testing data, including test gauge serial numbers, on backflow prevention device test forms that have been approved by the City. (6) Report test results to the City within 30 days of testing. (7) Provide a copy of the completed test report to the property owners and/or persons in charge of any premises. (8) Maintain testing and/or repair records for a minimum of three years. (c) Other provisions. The City shall ensure the inspection and testing of all backflow prevention assemblies installed pursuant to the requirements of this division. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the City shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested and are operational. The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing. Sec. 86-273. -Cross-connection control program fees. (a) Backflow prevention assembly registration fee. There is established here a nonrefundable registration fee for each nonresidential backflow prevention assembly device. (b) Certified backflow prevention device tester registration fee. There is established here an Annual registration fee for approved testers, which shall be a nonrefundable fee. (c) Testing form booklet fee. There is established here a fee for a testing form booklet of 30 test forms. Other forms may be used with prior approval from the City. (d) Deposit fee for fire hydrant water meter with backflow prevention device. There is established here a refundable deposit fee for fire hydrant meters with backflow prevention devices. This fee shall be refunded when the meter/device is returned in good working order. Sec. 86-274. -Cross-connection standards. Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial customer, that is connected to any public water supply or that provides water to the public, shall be equipped with the protection required under the provisions of this division. Sec. 86-275. -Compliance for lawn irrigation. All lawn irrigation system installations shall obtain a permit issued by the City for such installations. Installation requirements must comply with the International Plumbing Code as amended and guidelines for the appropriate device found in this division. Interconnections of the potable water supply with an alternate water source are prohibited unless appropriate backflow protection is installed. Sec. 86-276. -Right-of-way encroachment. No person shall install or maintain a backflow prevention assembly upon or within any City right-of-way except as provided in this division. (1) A backflow prevention assembly required by the City may be installed upon or within any City right-of-way only if the owner proves to the City that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The City retains the right to approve the location, height, depth of enclosure, and other requisites of the assembly prior to its installation. (2) All permits and inspections required by this Code to perform work in the right-of-way shall be obtained. (3) The assembly shall be installed below or flush with the surrounding grade except when it is not practicable to install it in this manner. Any assembly or portion of an assembly that extends above ground shall be located no closer than 18 inches to the face of the curb. (4) The City shall not be liable for any damage done to or caused by an assembly installed in a right-of-way. (5) A property owner shall, at the request of the City and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any City right-of-way when such relocation is necessary for street or utility construction or repairs for purposes of public safety. (6) A person commits an offense if, after receiving a written order from the City, the person fails to relocate a backflow prevention assembly located in or upon any City right-of-way. Sec. 86-277. -Multiple connections. Any premises requiring multiple service connections for adequacy of supply and/or fire protection will be required to install a backflow assembly on each of the service lines to the premises. The type of assembly will be determined by the degree of hazard that could occur in the event of an interconnect between any of the water systems on the premises. Sec. 86-278. -Protection required; installation. (a) The backflow prevention assembly protection which is required under this division shall be any of the USC FCCCHR recognized and approved backflow prevention assemblies, or as approved by the City. The City, prior to installation, must have approved each backflow prevention assembly. Failure to obtain such approval prior to installation of the backflow prevention assembly may result in the backflow prevention assembly failing to meet final approval by the City. The City shall determine the type and location of backflow assembly to be installed within the area served by the City. An assembly will be required in each of the following circumstances, but the customer is in no way limited to the following circumstances: (1) The nature and extent of any activity of the premises, or the materials used in connection with any activity of the premises, or materials stored on the premises, if said activity or material could contaminate or pollute the potable water supply. (2) Premises having any one or more cross-connections and the cross- connection is protected by an atmospheric vacuum breaker device (AVB). (3) Internal cross-connections are present that are not correctable. (4) Intricate plumbing arrangements are present which make it impractical to ascertain whether cross-connections exist. (5) There is unduly restricted entry so that inspections for cross- connections cannot be made with sufficient frequency to ensure that cross-connections do not exist. (6) Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of the City. (7) An appropriate cross-connection survey report form has not been filed upon request of the City. (8) Afire suppression system that is connected to the City's water system. (9) All new construction if deemed necessary in the customer service inspection. The type of assembly required will be determined by the degree of hazard. (10) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly may be installed at the service connection that supplies water for public domestic use. (11) Any used water return system. (12) In the event apoint-of-use assembly has not had the testing or repair done as required by this division, a premises isolation assembly will be required. (13) If it is determined that additions or alterations have been made to the plumbing system without obtaining proper permits, premises isolation may be required. (14) All multistory buildings or any building with a booster pump or elevated storage tank. (15) Retrofitting will be required on all high hazard connections and wherever else the City deems necessary to meet the intent of this division. (b) All backflow prevention assemblies installed after the effective date of the ordinance from which this division is derived shall be installed in a manner designed to facilitate ease of inspection and testing by the City or its chosen representative. Any currently installed backflow prevention assemblies which are located in inaccessible locations or where the tester is subject to physical danger shall be relocated to approved locations. Sec. 86-279. -Testing/inspection of devices and assemblies. (a) The City shall require all backflow prevention devices and assemblies to be both field inspected and tested in each of the following circumstances: (1) Immediately after installation. (2) Whenever the device or assembly is moved. (3) A minimum of once a year for all commercial applications other than lawn irrigation systems. (4) For premises that have been vacated and unoccupied for one year, prior to re-occupancy. (5) Immediately after repairs. (6) Once every five years for residential and commercial lawn irrigation systems. The AVB shall be excepted from the requirement in this subsection that such device be both field inspected and tested. The City shall require that the AVB be field inspected in each of the circumstances listed in this subsection. (b) All assembly testing shall be performed by a State certified backflow prevention assembly tester, approved by the City. (c) Duly authorized employees of the City bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this division. Persons and occupants of premises which are provided water service by the City, either directly or indirectly, shall allow the City or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, testing, records examination, or in the performance of any of its duties. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (d) The City is not liable for damage to a backflow prevention assembly which may occur during testing. (e) The City may cause a water use survey to be conducted at any establishment located in the City which is served by a public water supply or which provides water to the public. Upon determination by the City that the establishment falls under the provisions of this division and requires a backflow prevention assembly, the City shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly. (f) It is the responsibility of any person who owns or controls property to have all assemblies tested annually in accordance with this section. Assemblies may be required to be tested more frequently if the City deems necessary. (g) All results from assembly testing by a certified backflow prevention assembly tester shall be placed on a form that has been approved by the City. Sec. 86-280. -Thermal expansion. It is the responsibility of any person who owns or controls property to eliminate the possibility of thermal expansion if a closed system has been created by the installation of a backflow prevention assembly. Sec. 86-281. -Pressure loss. Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the City. Sec. 86-282. -Residential service connections. Any person who owns or controls any residential property which has been determined to have an actual or potential cross-connection will be required to eliminate the actual or potential cross-connection or have an approved backflow prevention assembly installed in accordance with this division. Sec. 86-283. -Rental properties. Any person who owns or controls property is responsible for the installation, testing and repair of all backflow assemblies on their property. Sec. 86-284. -Water distribution infrastructure. (a) All water distribution infrastructure must be constructed, installed and tested in accordance with TCEQ Rules and Regulations for Public Water Systems, as amended. (b) Permanent water service shall not be supplied to any newly constructed infrastructure until after the City has received the results of the bacteriological test and the results show that no bacteria is present. (c) Permanent water service shall not be supplied to any newly constructed infrastructure until an inspection is completed by the City to ensure that all State regulations and local codes have been met. (d) Temporary water services which pose a potential cross-connection threat to the potable water supply shall be protected by an approved backflow prevention assembly. Sec. 86-285. -Customer service inspection. (a) Pursuant to TCEQ Rules and Regulations for Public Water Systems, a customer service inspection for cross-connection control shall be completed by the City prior to providing continuous water service in each of the following circumstances: (1) Newly constructed facility or previously non-existent premises. (2) After any material improvement to building or premises. (3) Any correction or addition to the plumbing of any facility or premises. (4) The City deems it necessary. (b) Permanent water service shall not be supplied to a newly constructed facility until after the customer service inspection is completed by the City. (c) Temporary water service which poses a potential cross-connection threat to the potable water supply shall be protected by an approved backflow prevention assembly. Sec. 86-286. -Installation guidelines and requirements for backflow prevention assemblies. To ensure proper operation and accessibility of all backflow prevention assemblies, the most current guidelines contained in the Manual of Cross-Connection Control, which is adopted hereto by reference and incorporated herewith, shall apply to the installation of these assemblies. Additionally, the following shall also be required: (1) All premises that require continuous, uninterrupted water service and are required to have a backflow assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed. (2) The property owner assumes all responsibility for any damage resulting from installation, operation, and/or maintenance of a backflow assembly. The owner shall be responsible for keeping all backflow prevention assembly vaults reasonably free of silt and debris. (3) Upon completion of installation, the City shall be notified and all assemblies must be inspected and tested. All assemblies must be registered with the City and shall provide the date of installation, manufacturer, model, type, size, serial number of the backflow assembly, physical location and initial test report. (4) Assemblies must be sized and flow characteristics must be sufficient to provide an adequate supply of water and pressure for the premises being served. (5) Assemblies must be readily accessible for testing and maintenance and must be located in an area where water damage to building or furnishings would not occur from water discharge. The property owner assumes all responsibility for any damage caused by water discharge from an assembly. An approved air gap shall be located at the relief valve orifice of RP assemblies. (6) No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. RPs are typically installed above grade in well- drained areas, but may be installed below grade (ground level) if a boresight drain to daylight is provided. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. (7) Reduced pressure principal detector backflow prevention assemblies (RPDA) may be utilized in all installations requiring a reduced pressure principal backflow prevention assembly and detector metering. a. RPDAs shall comply with the installation requirements applicable for reduced pressure principal backflow assemblies. b. The line-size RP assembly and the bypass RP assembly must each be tested. The certified tester must complete a separate test report for each assembly. (8) Vertical installations of DCs are allowed only on sizes up to and including four inches that meet all of the following requirements: a. Internally spring-loaded check valves. b. Flow is upward through assembly. c. Approved for vertical installation by the USC FCCCHR. d. Approved by the City. (9) Double check detector backflow prevention assemblies (DCDA) may be utilized in all installations requiring a double check valve assembly and detector metering. a. DCDAs shall comply with the installation requirements applicable for double check valve assemblies (DCs). b. The line-size DC assembly and the bypass DC assembly must each be tested. The certified tester must complete a separate test report for each assembly. (10) Pressure vacuum breaker backflow prevention assemblies (PVB) may be utilized as point-of-use protection against back-siphonage only and shall not be installed where there is potential for back- pressure. PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge. (11) Spill resistant pressure vacuum breaker backflow prevention assemblies (SVB) may be utilized in all installations requiring a pressure vacuum breaker. SVBs shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies. Sec. 86-287. -Air gap separation. Air gaps provide maximum protection from backflow hazards and should be utilized at all locations where hazardous substances are at risk of entering the potable water system. (1) An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45-degree angle. The air gap distance is measured from the bottom of the angle. Hoses are not allowed. (2) Air gap separations shall not be altered in any way without prior approval from the City and must be available for inspection at all reasonable times. (3) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three times the diameter of the effective opening for a single, or a distance greater than four times the effective opening for two intersecting walls. Sec. 86-288. -Fire suppression systems. (a) All new installations of fire suppression systems which utilize the City's potable water supply shall have installed approved backflow prevention devices according to the degree of hazard. (b) An approved double check detector backflow prevention assembly (DCDA) or reduced pressure detector assembly (RPDA) shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and/or that does not provide for periodic flow-through during each 24 hour period, unless a variance has been issued in writing from the City. An RPDA must be installed if any solution other than potable water can be introduced into the sprinkler system. (1) It is the responsibility of all property owners and persons in charge of any premises to abide by the conditions of this division. In the event of any changes to the fire suppression system, it is the responsibility of the property owners to notify the City. All costs associated with the purchase, installation, testing and repair of DCDA or RPDA devices are the responsibility of the property owner and persons in change of any premises. (2) Upon the approved installation of the DCDA or RPDA device, a device test report completed by a licensed fire line tester must be sent to the City and include the information required by this division. Sec. 86-289. -Fire hydrant protection. An approved double check device backflow prevention assembly (DCD) or reduced pressure detector assembly (RPDA) shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other times which would pose a potential hazard to the public water supply. An RPDA must be installed if any solution other than potable water can be introduced into the system. (1) It is the responsibility of all persons engaging in the use of a fire hydrant water meter to abide by the conditions of this division. All fire hydrant water meters shall meet the current requirements as provided for by Richland Hills Utilities. (2) Only City fire hydrant water meters with approved backflow prevention assemblies are allowed to be used within the potable water system. (3) A refundable deposit is required to ensure the return of all water meter and backflow assemblies to the City. Failure to return or any misuse of the assemblies can result in the forfeiture of deposit and/or enforcement action being taken against the responsible party. (4) All non-approved fire hydrant meters which are found to be in use in the City will be confiscated and enforcement action taken against the responsible party. Sec. 86-290. -Mobile units. The connection of a mobile unit to any potable water system is prohibited unless an air gap or an approved backflow prevention assembly protects such connection. Prior approval and annual device testing of any backflow prevention assembly must be received from the City before connecting to any potable water system. Sec. 86-291. - Backflow prevention assembly tester certification, registration required. Only approved TCEQ licensed backflow prevention assembly testers are permitted to conduct tests in the City. Testers must register annually with the City, provide proof of TCEQ certification, and provide proof that testing equipment is able to maintain a calibration of plus or minus 0.2-psid accuracy and pay an annual, non- refundable, tester registration fee. Sec. 86-292. -Registration revocation. A certified tester's registration may be reviewed and revoked by the City if the City determines that the tester: (1) Has falsely, incompletely, or inaccurately reported assembly test reports; (2) Has used inaccurate gauges; (3) Has used improper testing procedures; or (4) Has created a threat to public health or the environment." SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any and all violations of the provisions of any ordinances of the City of Richland Hills which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. The City Secretary of the City of Richland Hills is directed to publish the caption and penalty clause of this Ordinance in the official newspaper of the City of Richland Hills, Texas, as required by Section 52.011 of the Texas Local Government Code. SECTION 8. This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED 22"d DAY OF APRIL, 019. ,,~ ( ~",~ HE HONORABLE ED ARD PEZ, MAYOR ATTEST: l.~ _ _ CATHY BOU ,CITY SECR ARY EFFECTIVE DATE: `7' ~Z~ -~1,T1-/ APPROVED AS TO FORM AND LEGALITY: BETSY ELAM; CITY ATTORNEY -~s~ 'nt ~~ ~~ Vii/ ...~ \``\ //////~~tttNtati HNe~~~~~,\\~